Mental Harm Suffered By Rescuers Considered By The High Court

Wicks v State Rail Authority of New South Wales; Sheehan v State Rail Authority of New South Wales [2010] HCA 22

The High Court has held in an unanimous judgment by all seven members that rescuers who did not witness a train derailment, but who witnessed the aftermath, were not prevented from pursuing damages for mental harm by the limitations set out in s30(2) of the New South Wales Civil Liability Act.

Background

On 31 January 2003, a four carriage passenger train left the tracks at high speed near Waterfall station, south of Sydney. Seven of the 50 passengers died. Many others were injured, some very seriously.

Two police officers, Mr Wicks and Mr Sheehan, were among the first to arrive at the scene, and were confronted with death, injury and the wreckage of the train. They forced their way into the damaged carriages and did their best to relieve the suffering of the survivors and get them to safety.